MATTER OF 2284 2ND AVE. CORP. v. WEAVER

FELIX C. BENVENGA, J.

This article 78 (Civ. Prac. Act) proceeding is brought by a landlord to annul orders of the State Rent Administrator modifying over-all increases previously granted to compensate the landlord for substantial capital improvements installed to rehabilitate an old-law tenement (State Rent and Eviction Regulations, § 33). The right of the Administrator to modify such prior rent increases after the landlord has applied to and received from the City of New York an abatement of real estate taxes pursuant to Local Law No. 118 of 1955 of the City of New York (Administrative Code, § J41-2.4) has repeatedly been upheld. It suffices to cite the more recent decisions ( Matter of Aronson v. Temporary State Housing Rent Comm., 17 Misc.2d 71; Matter of Andrea Realty Corp. v. Weaver, 17 Misc.2d 78; Matter of Todar Realty Corp. v. Weaver, N.Y.L.J., Oct. 27, 1958, p. 12, col. 7). While the factual situation in the instant case may not be the same as that presented in some of the decided cases, the underlying principle is the same — a landlord may not receive duplicate and multiple relief from the State as well as from the City of New York. The petition is therefore denied and the proceeding dismissed.